Comparative legal systems
- A.A. 2019/2020
- CFU 9
- Ore 45
- Classe di laurea LMG/01
It is suggestable to attend and pass the examination of Private Law.
By the end of the course the students will be asked to know the fundamental
features and legal styles of the common law and civil law legal traditions as well as
the historical evolution of the two traditions. The aim of the course, considering the
goals of the course in law (LMG/01), is to introduce students to the complexity of
legal phenomenon, that is universal and contextual at the same time, through the
use of legal comparison. In this perspective, the attended result by the students is
the understanding of the different meanings of common law (such as common law as
Anglo-American legal tradition, common law as English law, common law as system
of justice, common law as system of sources of law) and civil law (such as civil law
as written law, as jus commune, as code law) and their dependence on the context.
The students will gain the legal competences to make macro-comparison in the
western legal tradition and the prerequisite to make micro-comparison.
The course will cover the following subjects:
comparative law (origins and methods);
the western legal tradition (general introduction);
common law as a tradition of law
English legal tradition (history, common law and equity, rule of law, judicial system,
sources of law);
meanings of civil law and in particular civil law as code law.
Materials and texts will be suggested during classes.
- 1. (A) Alisdair Gillespie The English Legal System (6th Edition) OUP, Oxford, 2017 » Pagine/Capitoli: selected chapters: 1, 2, 3, 5, 6, 8, 9, 10
- 2. (A) John Henry Merryman and Rogelio Pérez-Perdomo The Civil Law Tradition, 3rd ed., An Introduction to the Legal Systems of Europe and Latin America Stanford University Press, -, 2007 » Pagine/Capitoli: 1-192
Program for attending students: materials and readings for the final examination will be suggested during classes and uploaded on the web-page of the teacher.
Program for non-attending students: selected chapters of the textbooks suggested
-
The lectures will be divided in six different sections, according to the subjects
mentioned above (see programme of the course). Each section will be divided into
two parts: in the first part of the section the issue will be introduced by the teacher,
using a power point presentation. At the same time the teacher will suggest
readings to students. In the second part of the section there will be a debate in class
about the readings suggested, during which the students will be asked to comment
and give their opinions about the readings, considering the issue investigated in
class.
- The examination will consiste in a 15 minutes dialogue with the teacher about two
different sections of the course. Students are asked to show their knowledge of the
content of the lectures and the readings suggested. Moreover, students will be asked
to give their opinion about some legal questions, investigated during the classes, and
to sustain their opinion with legal arguments.
english classes
english